The people of Ontario believe that there is a need to ensure the safety and security of all persons in Ontario and that police forces require access to information about the whereabouts of sex offenders in order to assist them in the important work of maintaining community safety. The people of Ontario further believe that a registry of sex offenders will provide the information and investigative tools that their police forces require in order to prevent and solve crimes of a sexual nature.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

(b) an offence under a predecessor or successor to a provision set out in clause (a),

(b.1) an offence referred to in paragraph (b) or (f) of the definition of “designated offence” in subsection 490.011 (1) of the Criminal Code (Canada) in respect of which an order in Form 52 has been or is made under subsection 490.012 (2) of that Act,

(b.2) an offence in respect of which a person is subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act
(Canada),

(b.3) an offence in respect of which a person is subject to an obligation under section 36.1 of the International Transfer of Offenders Act
(Canada) to comply with the Sex Offender Information Registration Act (Canada), or

(c) an offence under a provision of the Criminal Code (Canada) that is prescribed; (“infraction sexuelle”)

(2) Where an offender resides in an area where the police services are provided by a First Nations police service, references in this Act to a police force shall be read as references to a First Nations police service, with necessary modifications, and references to a police officer in this Act shall be read as references to a First Nations Constable. 2000, c. 1, s. 1 (2).

Custodial portion of a sentence

(3) For the purposes of this Act, the custodial portion of a sentence does not include the portion of the sentence served on parole. 2008, c. 3, s. 1 (3).

2. The ministry shall establish and maintain a registry containing the names, dates of birth and addresses of offenders, the sex offences for which, on or after the day section 3 comes into force, they are serving or have served a sentence or of which they have been convicted or found not criminally responsible on account of mental disorder and such additional information as may be prescribed. 2000, c. 1, s. 2.

Offender required to report in person

3. (1) Every offender who is resident in Ontario shall present himself or herself at a designated bureau, police station or detachment of the police force that provides police services where he or she resides or at another place in the area where the police force provides police services designated by that police force,

(a) within the prescribed period after he or she is released from custody after serving the custodial portion of a sentence in respect of a sex offence;

(a.0.1) within the prescribed period after he or she is released from custody on parole in respect of a sex offence;

(a.1) within the prescribed period after he or she is convicted of a sex offence, if the offender is not given a custodial sentence;

(a.2) within the prescribed period after he or she is ordered to serve the custodial portion of the sentence in respect of a sex offence intermittently;

(a.3) within the prescribed period after he or she is released from custody pending the determination of an appeal in relation to a sex offence;

(b) within the prescribed period after he or she receives an absolute or conditional discharge in respect of a sex offence, if he or she was found not criminally responsible of the offence on account of mental disorder;

(c) within the prescribed period after he or she changes his or her address;

(c.1) within the prescribed period after he or she changes his or her name;

(d) within the prescribed period after he or she becomes resident in Ontario;

(e) within the prescribed period before he or she ceases to be resident in Ontario;

(e.1) within the prescribed period after he or she becomes subject to an obligation under section 490.02901 of the Criminal Code(Canada) to comply with the Sex Offender Information Registration Act (Canada);

(e.2) within the prescribed period after he or she becomes subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act
(Canada);

(f) on a day that is not later than one year after and not earlier than 11 months after he or she last presented himself or herself to a police force under any of clauses (a) to (d) or under subsection 7 (2); and

(g) on a day that is not later than one year after and not earlier than 11 months after he or she last presented himself or herself to a police force under clause (f). 2000, c. 1, s. 3 (1); 2000, c. 1, s. 3 (4, 5); 2008, c. 3, s. 2 (1-4); 2009, c. 33, Sched. 9, s. 2 (2); 2011, c. 8, s. 2 (1).

Transition

(1.1) Clauses (1) (a) to (e.2) apply only if the event referred to in them occurs on or after the day this subsection came into force. 2011, c. 8, s. 2 (2).

Same

(1.2) Clauses (1) (a) to (e), as they read before the day this subsection came into force, continue to apply if the event referred to in them occurred before the day this subsection came into force. 2011, c. 8, s. 2 (2).

Offender to provide information

(2) Upon presenting himself or herself under subsection (1), the offender shall provide the police force with satisfactory proof of his or her identity, his or her name, date of birth and address, and such other information as may be prescribed. 2000, c. 1, s. 3 (2).

Designated places, times, days

(3) Every police force shall designate one or more bureaus, police stations, detachments or other places in the area where the police force provides police services at which offenders may present themselves for the purposes of subsection (1), subsection 7 (2) and subsection 9 (1), and may also designate the days and times when offenders may present themselves for those purposes. 2000, c. 1, s. 3 (3).

Notice of obligation to report

(4) Every police force shall make reasonable efforts to ensure that it gives written notice of the obligation to report under subsection (1) to every person charged by the police force with a sex offence, at the time he or she is so charged. 2008, c. 3, s. 2 (5).

Same

(5) The ministry shall make reasonable efforts to ensure that it, or another person or entity, gives written notice of the obligation to report under subsection (1) to every person convicted of a sex offence or found not criminally responsible of a sex offence on account of mental disorder, after the person is so convicted or found. 2008, c. 3, s. 2 (5).

Same

(6) The notice required by subsections (4) and (5) shall be in a form approved by the ministry. 2008, c. 3, s. 2 (5).

4. (1) The police force shall cause the information provided by the offender under section 3 to be recorded and, if the person authorized by the police force to record the information is satisfied that the information provided by the offender is correct, shall submit the information to the ministry in a manner approved by the ministry. 2000, c. 1, s. 4.

Verification of address

(2) The police force shall make reasonable efforts to verify an offender’s address, as provided to the police force by the offender, at least once after the offender last presented himself or herself to the police force under subsection 3 (1). 2008, c. 3, s. 3 (1).

Same – unescorted release from designated hospitals

(3) When a police force is notified by a hospital, as defined in subsection 672.1 (1) of the Criminal Code (Canada), that the person in charge of the hospital has given an offender who has been found not criminally responsible of a sex offence on account of mental disorder and who has been detained in the hospital pursuant to a disposition made under Part XX.1 of the Criminal Code (Canada) permission to be released unescorted from the hospital, the police force shall forthwith submit the information to the ministry in a manner approved by the ministry. 2008, c. 3, s. 3 (2).

4.1 (1) If an offender who is an inmate of a correctional institution is authorized to be released from the institution on an unescorted temporary absence pass, the correctional institution shall, within 24 hours before the inmate is released, notify the ministry,

(a) that an unescorted temporary absence pass has been granted to the offender;

(b) of the proposed dates of the offender’s release under the pass and of his or her return to the institution; and

(c) of any relevant information about the offender’s proposed activities and whereabouts for the duration of his or her release under the pass. 2008, c. 3, s. 4.

Same – young persons

(2) If an offender who is a young person serving any portion of his or her sentence in a youth custody facility is authorized under section 91 of the Youth Criminal Justice Act (Canada) to be released from the facility on an unescorted leave, the facility shall, within 24 hours before the young person is released, notify the ministry,

(a) that an unescorted leave has been granted to the offender;

(b) of the proposed dates of the offender’s release under the leave and of his or her return to the facility; and

(c) of any relevant information about the offender’s proposed activities and whereabouts for the duration of his or her release under the leave. 2008, c. 3, s. 4.

Cancellation, suspension of passes, leaves

(3) The correctional institution or youth custody facility shall also notify the ministry forthwith if an unescorted temporary absence pass or leave is cancelled or suspended, or if the offender is declared unlawfully at large. 2008, c. 3, s. 4.

Manner of notification

(4) The notification required by subsections (1), (2) and (3) must be given in a manner approved by the ministry. 2008, c. 3, s. 4.

5. (1) Upon receipt by the ministry of information submitted by a police force in accordance with section 4 or by a correctional institution or youth custody facility in accordance with section 4.1, the information shall be recorded in the sex offender registry. 2000, c. 1, s. 5 (1); 2008, c. 3, s. 5.

Other information recorded in registry

(2) The ministry may at any time obtain information about an offender from any other record of information available to the ministry, or from any other source that is not a record, and may record such information in the sex offender registry. 2000, c. 1, s. 5 (2).

6. (1) Upon receiving a written request from an offender, a police force shall cause to be disclosed to the offender the information about the offender that is contained in the sex offender registry and cause him or her to be provided with a copy of that information. 2000, c. 1, s. 6 (1).

Identification required

(2) The police force shall require satisfactory proof of the identity of the offender before a disclosure is made under subsection (1). 2000, c. 1, s. 6 (2).

Offender may correct information

(3) If the offender believes any information about him or her in the sex offender registry is incorrect, he or she shall provide the police force with the correct information and, if the person authorized by the police force to record this information is satisfied that the information provided by the offender is correct, the police force shall submit the information to the ministry in a manner approved by the ministry and the sex offender registry shall be corrected accordingly. 2000, c. 1, s. 6 (3).

(a) for 10 years after he or she first reports under section 3, if the maximum sentence for the sex offence of which he or she was convicted or found not criminally responsible on account of mental disorder is not more than 10 years;

(b) for the rest of his or her life, if the maximum sentence for the sex offence of which he or she was convicted or found not criminally responsible on account of mental disorder is more than 10 years;

(c) for the rest of his or her life, if, on or after the day section 3 comes into force, he or she is serving a sentence for, or is convicted or found not criminally responsible on account of mental disorder of, more than one sex offence. 2000, c. 1, s. 7 (1).

Reporting requirement in abeyance while in custody

(2) An offender who is resident in Ontario is not required to comply with section 3 while he or she is serving the custodial portion of a sentence for any offence or is detained in custody in hospital as part of a disposition under Part XX.1 of the Criminal Code (Canada), but must present himself or herself at a designated bureau, police station or detachment of the police force that provides police services where he or she resides or at another place in the area where the police force provides police services designated by that police force and comply with subsection 3 (2),

(a) within the prescribed period after his or her release from custody on an offence other than a sex offence;

(b) within the prescribed period after he or she receives an absolute or conditional discharge, if he or she was found not criminally responsible of an offence other than a sex offence on account of mental disorder. 2000, c. 1, s. 7 (2); 2011, c. 8, s. 3 (1).

Transition

(2.1) Clauses (2) (a) and (b) apply only if the event referred to in them occurs on or after the day this subsection came into force. 2011, c. 8, s. 3 (2).

Same

(2.2) Clauses (2) (a) and (b), as they read before the day this subsection came into force, continue to apply if the event referred to in them occurred before the day this subsection came into force. 2011, c. 8, s. 3 (2).

Reporting requirement in abeyance while residing outside Ontario

(3) An offender who is not resident in Ontario is not required to comply with section 3 but shall comply with section 3 or resume complying with section 3, as the case may be, as provided in clause 3 (1) (d), upon becoming or again becoming resident in Ontario. 2000, c. 1, s. 7 (3).

Reporting requirement ceases to apply on pardon

(4) An offender is no longer required to comply with section 3 if he or she receives a pardon for every sex offence for which this Act would be made applicable to him or her under section 8 and if he or she provides proof of the pardon or pardons under section 9. 2000, c. 1, s. 7 (4).

(a) is serving a sentence for a sex offence on the day section 3 comes into force;

(b) is convicted of a sex offence on or after the day section 3 comes into force; or

(c) is found not criminally responsible of a sex offence on account of mental disorder on or after the day section 3 comes into force. 2000, c. 1, s. 8 (1).

Application of new reporting requirement

(1.1) Despite subsection (1), clause 3 (1) (a.2) applies to every offender anywhere in Canada who is ordered, on or after the day this subsection comes into force, to serve a sentence described in that clause. 2008, c. 3, s. 6.

Same

(1.2) Despite subsection (1), clauses 3 (1) (a.0.1) and (a.3) apply to every offender anywhere in Canada who is released from custody as described in clause 3 (1) (a.0.1) or (a.3), as the case may be, on or after the day this subsection comes into force. 2008, c. 3, s. 6.

Same

(1.3) Despite subsection (1), clause 3 (1) (c.1) applies to every offender anywhere in Canada who changes his or her name on or after the day this subsection comes into force. 2008, c. 3, s. 6.

Same

(1.4) Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act,this Act applies to an offender anywhere in Canada who is, on or after the day this subsection comes into force, subject to an order in Form 52 made under subsection 490.012 (2) of the Criminal Code
(Canada) for as long as such order is in force. 2008, c. 3, s. 6.

Same

(1.5) Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after the day this subsection comes into force, becomes subject to an obligation under section 490.02901 of the Criminal Code (Canada) to comply with the Sex Offender Information Registration Act
(Canada), for as long as he or she remains subject to that obligation. 2011, c. 8, s. 4.

Same

(1.6) Despite subsection (1) and section 7, and subject to any other reporting requirement under this Act, this Act applies to an offender anywhere in Canada who, on or after the day this subsection comes into force, becomes subject to an obligation under section 36.1 of the International Transfer of Offenders Act (Canada) to comply with the Sex Offender Information Registration Act (Canada), for as long as he or she remains subject to that obligation. 2011, c. 8, s. 4.

Exception

(2) Except as provided in subsection (3), this Act does not apply to a young person within the meaning of the Young Offenders Act (Canada), despite the repeal of that Act, or to a young person within the meaning of the Youth Criminal Justice Act (Canada). 2006, c. 19, Sched. D, s. 3 (1).

(a) a young person within the meaning of the Young Offenders Act (Canada) who has been convicted of a sex offence or found not criminally responsible of a sex offence on account of mental disorder in ordinary court as the result of an order made under section 16 of the Young Offenders Act
(Canada); or

(b) a young person within the meaning of the Youth Criminal Justice Act (Canada) who is found guilty of a sex offence and receives an adult sentence within the meaning of that Act for the offence. 2006, c. 19, Sched. D, s. 3 (2).

9. (1) An offender who receives a pardon for a sex offence may present himself or herself at a designated bureau, police station or detachment of the police force that provides police services where he or she resides or at another place in the area where the police force provides police services designated by that police force and provide the police force with proof of the pardon. 2000, c. 1, s. 9 (1).

Information submitted to ministry

(2) If the person authorized by the police force to receive the proof of the pardon is satisfied that the pardon was granted to the offender, the police force shall advise the ministry of the pardon. 2000, c. 1, s. 9 (2).

9.1If an offender receives a pardon of the type described in clause (a) or (b) of the definition of “pardon” in subsection 1 (1), for every sex offence for which this Act is made applicable to him or her, the ministry shall delete every reference to and record of the offender from the sex offender registry. 2011, c. 8, s. 6.

10. (1) Subject to subsections (2) and (3), no person shall disclose to another person information obtained from the sex offender registry in the course of his or her duties under this Act or received in the course of his or her duties under this Act except as provided by this Act. 2000, c. 1, s. 10 (1).

Exception

(2) A police force, an employee of a police force and an employee of or person authorized by the ministry for the purposes of this section shall have access to the sex offender registry at any time and may collect, retain and use information obtained from the sex offender registry for any purpose under this Act, under subsection 41 (1.1) of the Police Services Act or for crime prevention or law enforcement purposes. 2000, c. 1, s. 10 (2).

Same

(3) A police force, an employee of a police force and an employee of or person authorized by the ministry for the purposes of this section may disclose information contained in the sex offender registry to another police force in or outside Canada for the purposes of this section or for crime prevention or law enforcement purposes and the other police force may collect, retain and use the information for crime prevention or law enforcement purposes. 2000, c. 1, s. 10 (3).

Same

(4) Any disclosure of personal information made under subsection (2) or (3) shall be deemed to be in compliance with clauses 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act. 2000, c. 1, s. 10 (4); 2006, c. 34, Sched. C, s. 22.

(3) If a provincial judge or justice of the peace is satisfied by information on oath that an offender is required to and has failed to comply with section 3 or 7, the provincial judge or justice of the peace may issue a warrant for the arrest of the offender for the purpose of complying with section 3 or 7. 2000, c. 1, s. 11 (3).

Same

(4) After being brought, pursuant to the warrant, to a place described in subsection 3 (1) for the purpose of complying with section 3 or 7, the offender shall be released forthwith unless he or she is arrested for an offence under subsection (1) and detained for a bail hearing under the Provincial Offences Act. 2000, c. 1, s. 11 (4).

Telewarrant

(5) Where a police officer believes that it would be impracticable to appear personally before a provincial judge or justice of the peace to make application for a warrant under subsection (3), he or she may, in accordance with the regulations, seek the warrant by telephone or other means of telecommunication, and the provincial judge or justice of the peace may, in accordance with the regulations, issue the warrant by the same means. 2000, c. 1, s. 11 (5).

Protection from personal liability

12. (1) No action or other proceeding for damages shall be instituted against the Crown, the Minister of Community Safety and Correctional Services, a municipality, a police force, a correctional institution, any person employed by or providing services to a police force or correctional institution or any person employed in or providing services to the ministry for any act or omission in the execution or intended execution of a duty or authority under this Act or for any alleged neglect or default in the execution in good faith of that duty or authority. 2008, c. 3, s. 7.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person described in that subsection to which it would otherwise be subject. 2000, c. 1, s. 12 (2).

13. (1) Personal information may be collected, retained, disclosed and used in accordance with this Act despite the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. 2000, c. 1, s. 13 (1).

Same

(2) Subsections 39 (2) of the Freedom of Information and Protection of Privacy Act
and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply in respect of information collected under this Act. 2000, c. 1, s. 13 (2).

(a) prescribing provisions of the Criminal Code (Canada) for the purpose of the definition of “sex offence”;

(a.1) prescribing the various periods of time referred to in subsections 3 (1) and 7 (2);

(b) prescribing additional information to be maintained in the sex offender registry and to be provided by offenders under section 3, by a police force under subsection 4 (3) or by a correctional institution or youth custody facility under section 4.1, or added to the sex offender registry under subsection 5 (2);

(c) prescribing the circumstances under which an offender shall be deemed to reside in Ontario or in an area in Ontario;

(d) prescribing limits to the number of requests for information that may be made by an offender under subsection 6 (1);

(e) governing applications for and the issue of warrants by telephone or other means of telecommunication for the purpose of subsection 11 (3), prescribing rules for the execution of such warrants and prescribing evidentiary rules with respect to such warrants;

(f) permitting the ministry and any other ministry or any agency, board or commission of the government of Ontario to share information in their possession or control for the purposes of adding such information to the sex offender registry;

(g) permitting the ministry to enter into an agreement with the government of Canada or the government of any other province or territory or any agency, board or commission of such government to permit them to share information in their possession or control for the purposes of adding such information to the sex offender registry or to a similar registry maintained by the other government;

(h) requiring that the sex offender registry be included in and form part of a specified existing record or registry of information;